2005/04/11 Airport Zone of Influencet-,ity of Kalispell
Post Office Box 1997 -- Kalispell, Montana 59903-1997 -` elephone. (406)758_7700 Fax (406)758-7758
REPORT TO: Honorable Mayor and City Council
FROM: City Manager, City Airport Manager
SUBJECT: Airport Area of Influence Committee
MEETING DATE: April 11, 2005
BACKGROUND:
Montana Code Annotated (MCA) 67-4 states that local government with an airport listed
in the NIPAS shall designate an airport influence area around that airport. The
designation must be based on federal aviation administration rules and guidelines. Upon
the designation of an airport influence area, the use of land within the airport influence
area shall be restricted as to height consistent with FAR Part 77 until rules are adopted
pursuant to MCA 67-4.
Within one year of the designation of an airport influence area, each local government
affected shall adopt and provide for the administration of rules restricting the height to
which structures may be erected and trees allowed to grow within the airport influence
area.
Future FAA and State Aeronautics funding will be based on having an airport influence
area in effect. Maps must be filed with the clerk and recorder of each affected county and
with the clerk of each affected city or town.
If an airport affected area is partially located outside of the jurisdictional area of the
governing body of the political subdivision that owns or controls the airport, the
governing body of the political subdivision that owns or controls the airport and the
governing body of the political subdivision within which portions of the airport affected
area is located may form a joint airport affected area committee to formulate regulations
governing the airport affected area. After conducting appropriate public hearings, the
committee will present a set of rules and regulations governing the airport influence area
to the political subdivisions who shall, by ordinance or resolution, adopt those findings.
RECOMMENDATIONS:
The joint airport affected area committee has been agreed to by the Flathead County
Commissioners and on February 22, 2005 the Commissioners appointed two members to
the above stated committee. The Kalispell City Council needs to appoint two members to
the stated committee and these Four people will appoint a fifth person at -large to finalize
the makeup of the committee.
The committee will be formed at the call of the City of Kalispell as owner and operator of
the airport in the affected area.
ALTERNATIVES:
Respectively submitted,
Fre Leistl -o
Airport Manager
As suggested by Council.
James H. Patrick
City Manager
67-6-201. Airport zoning power. (1) In order to prevent the creation or establishment of airport
hazards, every political subdivision having an airport hazard area within its territorial limits may
adopt, administer, and enforce, under the police power and in the manner and upon the
conditions prescribed, airport zoning regulations for such airport hazard area, which regulations
may divide such area into zones and, within such zones, specify the land uses permitted and
regulate and restrict the height to which structures and trees may be erected or allowed to grow.
(2) Where an airport is owned or controlled by a political subdivision and any airport
hazard area appertaining to such airport is located outside the territorial limits of said political
subdivision, within or without the state, the political subdivision owning or controlling the
airport and the political subdivision within which the airport hazard area is located may, by
ordinance or resolution duly adopted, create a joint airport zoning board, which board, shall have
the same power to adopt, administer, and enforce airport zoning regulations applicable to the
airport hazard area in question as that vested by subsection (1) in the political subdivision within
which such area is located. Each such joint board shall have as members two representatives
appointed by each political subdivision participating in its creation and in addition a chairman
elected by a majority of the members so appointed.
(3) If in the judgment of a political subdivision owning or controlling an airport, the
political subdivision within which is located an airport hazard area appertaining to that airport
has failed to adopt or enforce reasonably adequate airport zoning regulations for such area under
subsection (1) and if that political subdivision has refused to join in creating a joint airport
zoning board as authorized in subsection (2), the political subdivision owning or controlling the
airport may itself adopt, administer, and enforce airport zoning regulations for the airport hazard
area in question. In the event of conflict between such regulations and any airport zoning
regulations adopted by the political subdivision within which the airport hazard area is located,
the regulations of the political subdivision owning or controlling the airport shall govern and
prevail.
History:
En. Sec. 3, Ch, 287, L. 1947; R.C.M. 1947, 1-712.
Collateral References:
Counties key 107.
Zoning regulations limiting use of property near airport as taking of property. 18 ALR 4th
542.